CHAPTER 104. CERTAIN EXPENSES PAID BY STATE OR COUNTY
CODE OF CRIMINAL PROCEDURE
TITLE 2. CODE OF CRIMINAL PROCEDURE
CHAPTER 104. CERTAIN EXPENSES PAID BY STATE OR COUNTY
Art. 104.001. JURY PAY AND EXPENSES FOR JURORS. (a) The sheriff
of a county shall, with the approval of the commissioners court,
provide food and lodging for jurors impaneled in a felony case
tried in the county. A juror may pay his own expenses and draw
his script.
(b) A juror in a felony case is entitled to receive as jury pay
the amount authorized by Article 2122, Revised Statutes.
(c) The county treasurer shall pay a juror the amount due the
juror for expenses under this article after receiving a
certificate from a clerk of a court or justice of the peace
stating the amount due the juror.
(d) A draft or certificate issued under this article may be
transferred by delivery and, without further action of any
authority except registration by the county treasurer, may be
used at par to pay county taxes owed by the holder of the draft
or certificate.
(e) If a defendant is indicted in one county and tried in another
county after a change of venue, the county in which the defendant
was indicted is liable for jury pay and expenses paid to jurors
by the county trying the case.
(f) At each regular meeting of the commissioners court of a
county, the court shall determine whether, since the last regular
meeting of the court, a defendant described by Subsection (e) has
been tried in the county. The commissioners court shall prepare
an account against another county liable for jury pay and
expenses under this article. The account must show the number of
days the jury was impaneled in the case and the jury pay and
expenses incurred by the county in the case.
(g) The county judge of the county in which the defendant was
tried shall certify the correctness of the account and send the
account to the county judge of the county in which the defendant
was indicted. The county in which the defendant was indicted
shall pay the account in the same manner required for payment of
the expenses of transferred prisoners under Article 104.002.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985.
Art. 104.002. EXPENSES FOR PRISONERS. (a) Except as otherwise
provided by this article, a county is liable for all expenses
incurred in the safekeeping of prisoners confined in the county
jail or kept under guard by the county. If a prisoner is
transferred to a county from another county on a change of venue,
for safekeeping, or for a habeas corpus hearing, the county
transferring the prisoner is liable for the expenses described by
this article.
(b) If a county incurs expenses for the safekeeping of a prisoner
from another county, the sheriff shall submit to the county judge
an account of expenses incurred by the county for the prisoner.
The county judge shall approve the amount he determines is a
correct statement of the expenses and sign and date the account.
(c) The county judge shall submit to the commissioners court of
the county for which the prisoner was kept, at a regular term of
the court, his signed statement of the account described by
Subsection (b). If the commissioners court determines that the
account is in accordance with the law, it shall order the county
treasurer to issue to the sheriff of the county submitting the
statement a draft in an amount approved by the court.
(d) A person who is or was a prisoner in a county jail and
received medical, dental, or health related services from a
county or a hospital district shall be required to pay for such
services when they are rendered. If such prisoner is an eligible
county resident as defined in Section 61.002, Health and Safety
Code, the county or hospital district providing the services has
a right of subrogation to the prisoner's right of recovery from
any source, limited to the cost of services provided. A prisoner,
unless the prisoner fully pays for the cost of services received,
shall remain obligated to reimburse the county or hospital
district for any medical, dental, or health services provided,
and the county or hospital district may apply for reimbursement
in the manner provided by Chapter 61, Health and Safety Code. A
county or hospital district shall have authority to recover the
amount expended in a civil action.
Added by Acts 1985, 69th Leg., ch. 269, Sec. 1, eff. Sept. 1,
1985. Subsec. (d) amended by Acts 1987, 70th Leg., ch. 1010, Sec.
1, eff. June 19, 1987; Acts 1991, 72nd Leg., ch. 14, Sec.
284(19), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 434, Sec.
1, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 76, Sec. 3.22,
eff. Sept. 1, 1995.
Art. 104.003. STATE PAYMENT OF CERTAIN PROSECUTION COSTS. (a)
In a prosecution of a criminal offense or delinquent conduct
committed on property owned or operated by or under contract with
the Texas Department of Criminal Justice or the Texas Youth
Commission, or committed by or against a person in the custody of
the department or commission while the person is performing a
duty away from department or commission property, the state shall
reimburse the county for expenses incurred by the county, in an
amount that the court determines to be reasonable, for payment
of:
(1) salaries and expenses of foreign language interpreters and
interpreters for deaf persons whose services are necessary to the
prosecution;
(2) consultation fees of experts whose assistance is directly
related to the prosecution;
(3) travel expenses for witnesses;
(4) expenses for the food, lodging, and compensation of jurors;
(5) compensation of witnesses;
(6) the cost of preparation of a statement of facts and a
transcript of the trial for purposes of appeal;
(7) if the death of a person is an element of the offense,
expenses of an inquest relating to the death;
(8) food, lodging, and travel expenses incurred by the
prosecutor's staff during travel essential to the prosecution of
the offense;
(9) court reporter's fees; and
(10) the cost of special security officers.
(b) If there is a change of venue, the court may, in its
discretion, determine that a special prosecutor should be hired
for the prosecution of an offense described in Section (a), and
the state shall reimburse the county for the salary and expenses
of the special prosecutor if the court determines that the hiring
of the special prosecutor was reasonable and necessary for
effective prosecution. The amount of reimbursement may not exceed
an amount that the court determines to be reasonable.
(c) The court shall certify the amount of reimbursement for
expenses under Sections (a) and (b) on presentation by the county
of an itemized and verified receipt for those expenses.
(d) The state shall reimburse the county for expenses incurred by
the county for the investigation of an offense described in
Section (a), whether or not the investigation results in the
prosecution of an offense, and shall reimburse the county for
reasonable operational expenses of the special prison prosecution
unit, including educational activities for the staff and general
expenses relating to its investigative and prosecutorial duties.
(e) The court shall certify the amount of reimbursement for
expenses under Sections (a) and (b) to the comptroller. The
comptroller shall issue a warrant in that amount to the
commissioners court of the county or, if the comptroller
determines that the amount certified by the court is
unreasonable, in an amount that the comptroller determines to be
reasonable.
(f) The commissioners court of the county shall certify the
amount of reimbursement for expenses under Section (d) to the
comptroller. The comptroller shall issue a warrant in that amount
to the commissioners court or, if the comptroller determines that
the amount certified by the commissioners court is unreasonable,
in an amount that the comptroller determines to be reasonable.
(g) Notwithstanding any other provision of this article, the
expenses submitted by the county for reimbursement may not exceed
the amount the county would pay for the same activity or service,
if that activity or service was not reimbursed by the state. The
county judge shall certify compliance with this section on
request by the comptroller.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 5.06(a), eff. Aug. 28,
1989. Subsecs. (a), (d) amended by Acts 1989, 71st Leg., ch. 461,
Sec. 1, eff. June 14, 1989; Subsec. (a) amended by Acts 1991,
72nd Leg., ch. 14, Sec. 284(60), eff. Sept. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
263, Sec. 3, eff. June 8, 2007.
Art. 104.004. EXTRAORDINARY COSTS OF PROSECUTION. (a) The
criminal justice division of the governor's office may distribute
money appropriated by the legislature for the purposes of this
article to a county for the reimbursement of expenses incurred by
the county during the fiscal year during which application is
made or the fiscal year preceding the year during which
application is made for the investigation or prosecution of an
offense under Section 19.03, Penal Code, or an offense under the
Penal Code alleged by the attorney representing the state to have
been committed for a purpose or reason described by Article
42.014.
(b) For each fiscal year, the division shall distribute at least
50 percent of the money distributed under this article during
that year to counties with a population of less than 50,000,
except that if the total distributions applied for by those
counties is less than 50 percent of the money distributed during
that year, the division is only required to distribute to those
counties the amount of money for which applications have been
made.
(c) The division may adopt a budget and rules for the
distribution of money under this article.
(d) All money distributed to a county under this article and its
expenditure by the county are subject to audit by the state
auditor.
Added by Acts 1999, 76th Leg., ch. 664, Sec. 1, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 85, Sec. 2.01, eff.
Sept. 1, 2001.